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S8185 (ACTIVE) - Details

S8185 (ACTIVE) - Summary

Relates to persons designated by a general hospital to identify infectious disease processes, conduct surveillance and epidemiologic investigations, and develop plans to prevent and control the transmission of infectious agents within general hospitals.

S8185 (ACTIVE) - Sponsor Memo

BILL NUMBER: S8185
SPONSOR: FUNKE
TITLE OF BILL: An act to amend the public health law, in relation to
the employment of persons to function as infection preventionists in
certain healthcare facilities
PURPOSE:
To require individuals employed as infection preventionists in hospitals
to be certified and undergo continuing education.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of this bill creates a new section 2827 in the public health
law to address infection preventionists. Section 2827, subdivision 1
defines key terms. Subdivision 2 and 3 sets forth the certification
requirements for infection preventionists. Subdivisions 4 and 5 set
forth the employer requirements for infection preventionists. Subdivi-
sion 6 relates to scope of practice and Subdivision 7 states that regu-
lations are to be promulgated by the commissioner if necessary. Section

2 of this bill sets forth the effective date.
JUSTIFICATION:
Most infection preventionists (IPs) are nurses, physicians, public
health professionals, epidemiologists, microbiologists, or medical tech-
nologists who:
Are employed within healthcare institutions and also serve as educators,
researchers, consultants, and clinical scientists. The majority are
affiliated with acute care settings. An increasing number practice in
ambulatory and outpatient services where they direct programs that
protect patients and personnel from HAIs. Members are also involved in
long-term care, home health, and other practice settings where infection
prevention and control is an increasing area of responsibility for nurs-
es and other healthcare personnel.
IPs collect, analyze, and interpret health data in order to track
infection trends, plan appropriate interventions, measure success, and
report relevant data to public health agencies. They establish scientif-
ically based infection prevention practices and collaborate with the
healthcare team to assure implementation. Further, they work to prevent
healthcare-associated infections (HAIs) in healthcare facilities by
isolating sources of infections and limiting their transmission. They
also educate healthcare personnel and the public about infectious
diseases and how to limit their spread.
The legislation requires the certification of persons who wish to prac-
tice infection preventionists.
PRIOR LEGISLATIVE HISTORY:
This is a new bill.
FISCAL IMPLICATIONS:
None to state.
EFFECTIVE DATE:
This act shall take effect on the first day of the eighteenth month
after it shall have become law.

S T A T E O F N E W Y O R K
________________________________________________________________________
8185
I N S E N A T E
April 16, 2018
___________
Introduced by Sen. FUNKE -- read twice and ordered printed, and when
printed to be committed to the Committee on Health
AN ACT to amend the public health law, in relation to the employment of
persons to function as infection preventionists in certain healthcare
facilities
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The public health law is amended by adding a new section
2827 to read as follows:
§ 2827. INFECTION PREVENTIONISTS. 1. FOR THE PURPOSES OF THIS SECTION,
THE TERMS:
(A) "INFECTION PREVENTIONIST" SHALL MEAN A PERSON DESIGNATED BY A
HEALTHCARE FACILITY TO IDENTIFY INFECTIOUS DISEASE PROCESSES, CONDUCT
SURVEILLANCE AND EPIDEMIOLOGIC INVESTIGATIONS, AND DEVELOP PLANS TO
PREVENT AND CONTROL THE TRANSMISSION OF INFECTIOUS AGENTS WITHIN HEALTH-
CARE FACILITIES.
(B) "HEALTHCARE FACILITY" SHALL MEAN A GENERAL HOSPITAL AS DEFINED BY
SUBDIVISION TEN OF SECTION TWENTY-EIGHT HUNDRED ONE OF THIS ARTICLE.
(C) "HEALTHCARE PROFESSIONAL" SHALL MEAN A PERSON LICENSED OR CERTI-
FIED PURSUANT TO TITLE EIGHT OF THE EDUCATION LAW.
2. A PERSON SHALL NOT FUNCTION AS AN INFECTION PREVENTIONIST IN A
HEALTHCARE FACILITY AND A HEALTHCARE FACILITY SHALL NOT EMPLOY OR OTHER-
WISE CONTRACT FOR THE SERVICES OF AN INFECTION PREVENTIONIST UNLESS SUCH
PERSON MEETS ONE OF THE FOLLOWING:
(A) (I) HAS SUCCESSFULLY PASSED AN EXAM FROM A NATIONALLY ACCREDITED
INFECTION PREVENTION AND EPIDEMIOLOGY ACCREDITING ORGANIZATION SUCH AS
THE CERTIFICATION BOARD OF INFECTION CONTROL AND EPIDEMIOLOGY, INC.; AND
(II) HOLDS AND MAINTAINS CERTIFICATION IN INFECTION PREVENTION AND
CONTROL (CIC); OR
(B) PROVIDES EVIDENCE THAT SUCH PERSON WAS EMPLOYED OR OTHERWISE
CONTRACTED FOR THE SERVICES AS AN INFECTION PREVENTIONIST IN A HEALTH-
CARE FACILITY FOR A CUMULATIVE PERIOD OF ONE YEAR, OCCURRING WITHIN FOUR
YEARS IMMEDIATELY PRIOR TO THE EFFECTIVE DATE OF THIS SECTION. IN FURTH-
ERANCE OF THIS PARAGRAPH, ANY CONTRACTOR OR EMPLOYER OF PERSONS FUNC-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

[ ] is old law to be omitted.
LBD15185-01-8
S. 8185 2
TIONING AS AN INFECTION PREVENTIONIST ON THE EFFECTIVE DATE OF THIS
SECTION SHALL CONFIRM IN WRITING TO EACH EMPLOYEE OR CONTRACTOR HIS OR
HER EMPLOYMENT IN A CAPACITY FUNCTIONING AS AN INFECTION PREVENTIONIST
IN A HEALTHCARE FACILITY AS OF THE EFFECTIVE DATE OF THIS SECTION; OR
(C) IS A STUDENT OR INTERN PERFORMING THE FUNCTIONS OF AN INFECTION
PREVENTIONIST IF SUCH STUDENT OR INTERN IS UNDER THE DIRECT SUPERVISION
OF AN APPROPRIATELY LICENSED OR CERTIFIED HEALTHCARE PROFESSIONAL AND IS
FUNCTIONING WITHIN THE SCOPE OF THE STUDENT'S OR INTERN'S TRAINING.
3. AN INFECTION PREVENTIONIST WHO DOES NOT MEET THE REQUIREMENTS OF
PARAGRAPH (B) OF SUBDIVISION TWO OF THIS SECTION SHALL HAVE THIRTY-SIX
MONTHS FROM THE DATE OF HIRE TO OBTAIN THE INFECTION PREVENTIONIST
CREDENTIAL OUTLINED IN PARAGRAPH (A) OF SUBDIVISION TWO OF THIS SECTION.
4. A HEALTHCARE FACILITY MAY EMPLOY OR OTHERWISE CONTRACT WITH A
PERSON WHO DOES NOT MEET THE CERTIFICATION REQUIREMENTS REQUIRED ABOVE
TO FUNCTION AS IN AN INFECTION PREVENTIONIST IN A HEALTHCARE FACILITY
IF:
(A) AFTER A DILIGENT AND THOROUGH EFFORT HAS BEEN MADE, IF SUCH
HEALTHCARE FACILITY UNABLE TO EMPLOY OR CONTRACT WITH A SUFFICIENT
NUMBER OF QUALIFIED INFECTION PREVENTIONISTS WHO MEET THE REQUIREMENTS
OF THIS SECTION;
(B) SUCH HEALTHCARE FACILITY MAKES A WRITTEN RECORD OF ITS EFFORTS AND
RETAINS SUCH RECORD AT THE HEALTHCARE FACILITY; AND
(C) THE PERSON OBTAINS A CIC CREDENTIAL AS OUTLINED IN PARAGRAPH (A)
OF SUBDIVISION TWO OF THIS SECTION, WITHIN THREE YEARS OF THE START OF
EMPLOYMENT OR CONTRACTING FOR THE PERFORMANCE OF INFECTION PREVENTION-
ISTS DUTIES.
5. A HEALTHCARE FACILITY THAT EMPLOYS OR CONTRACTS WITH AN INFECTION
PREVENTIONIST SHALL, UPON REQUEST OF ANOTHER HEALTHCARE FACILITY, OR
UPON REQUEST OF AN INFECTION PREVENTIONIST EMPLOYED BY, FORMERLY
EMPLOYED BY OR CONTRACTED TO PERFORM AS AN INFECTION PREVENTIONIST AT
SUCH HEALTHCARE FACILITY, VERIFY THE DATES OF EMPLOYMENT OR CONTRACT OF
SUCH PERSON.
6. NOTHING IN THIS SECTION SHALL PROHIBIT ANY HEALTHCARE PROFESSIONAL
FROM PERFORMING AN INFECTION PREVENTIONISTS' TASKS OR FUNCTIONS IF SUCH
PERSON IS ACTING WITHIN THE SCOPE OF HIS OR HER PRACTICE. NOTHING IN
THIS SECTION SHALL MEAN THAT ANY INDIVIDUAL NOT LICENSED PURSUANT TO
TITLE EIGHT OF THE EDUCATION LAW MAY PERFORM TASKS OR FUNCTIONS LIMITED
TO THE SCOPE OF PRACTICE OF A HEALTHCARE PROFESSIONAL UNDER SUCH TITLE.
7. THE COMMISSIONER SHALL PROMULGATE REGULATIONS AS HE OR SHE MAY DEEM
APPROPRIATE TO EFFECTUATE THE PURPOSES OF THIS SECTION.
§ 2. This act shall take effect on the first of January next succeed-
ing the date upon which it shall have become a law.

S8185A (ACTIVE) - Details

S8185A (ACTIVE) - Summary

Relates to persons designated by a general hospital to identify infectious disease processes, conduct surveillance and epidemiologic investigations, and develop plans to prevent and control the transmission of infectious agents within general hospitals.

S8185A (ACTIVE) - Sponsor Memo

BILL NUMBER: S8185A
SPONSOR: FUNKE
TITLE OF BILL: An act to amend the public health law, in relation to
the employment of persons to function as infection preventionists in
certain general hospitals
PURPOSE:
To require individuals employed as infection preventionists in hospitals
to be certified and undergo continuing education.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of this bill creates a new section 2827 in the public health
law to address infection preventionists. Section 2827, subdivision 1
defines key terms. Subdivision 2 and 3 sets forth the certification
requirements for infection preventionists. Subdivisions 4 and 5 set
forth the employer requirements for infection preventionists. Subdivi-
sion 6 relates to scope of practice and Subdivision 7 states that regu-
lations are to be promulgated by the commissioner if necessary. Section

2 of this bill sets forth the effective date.
JUSTIFICATION:
Most infection preventionists (IPs) are nurses, physicians, public
health professionals, epidemiologists, microbiologists, or medical tech-
nologists who are employed within healthcare institutions and also serve
as educators,researchers, consultants, and clinical scientists. The
majority are affiliated with acute care settings. An increasing number
practice in ambulatory and outpatient services where they direct
programs that protect patients and personnel from HAIs. Members are also
involved in long-term care, home health, and other practice settings
where infection prevention and control is an increasing area of respon-
sibility for nurses and other healthcare personnel.
IPs collect, analyze, and interpret health data in order to track
infection trends, plan appropriate interventions, measure success, and
report relevant data to public health agencies. They establish scientif-
ically based infection prevention practices and collaborate with the
healthcare team to assure implementation. Further, they work to prevent
healthcare-associated infections (HAIs) in healthcare facilities by
isolating sources of infections and limiting their transmission. They
also educate healthcare personnel and the public about infectious
diseases and how to limit their spread. The legislation requires the
certification of persons who wish to practice infection preventionists.
PRIOR LEGISLATIVE HISTORY:
This is a new bill.
FISCAL IMPLICATIONS:
None to state.
EFFECTIVE DATE:
This act shall take effect on the first day of the eighteenth month
after it shall have become law.

S T A T E O F N E W Y O R K
________________________________________________________________________
8185--A
Cal. No. 1502
I N S E N A T E
April 16, 2018
___________
Introduced by Sens. FUNKE, ROBACH, SEPULVEDA -- read twice and ordered
printed, and when printed to be committed to the Committee on Health
-- reported favorably from said committee, ordered to first report,
amended on first report, ordered to a second report and ordered
reprinted, retaining its place in the order of second report
AN ACT to amend the public health law, in relation to the employment of
persons to function as infection preventionists in certain general
hospitals
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The public health law is amended by adding a new section
2827 to read as follows:
§ 2827. INFECTION PREVENTIONISTS. 1. FOR THE PURPOSES OF THIS SECTION,
THE TERMS:
(A) "INFECTION PREVENTIONIST" SHALL MEAN A PERSON DESIGNATED BY A
GENERAL HOSPITAL TO IDENTIFY INFECTIOUS DISEASE PROCESSES, CONDUCT
SURVEILLANCE AND EPIDEMIOLOGIC INVESTIGATIONS, AND DEVELOP PLANS TO
PREVENT AND CONTROL THE TRANSMISSION OF INFECTIOUS AGENTS WITHIN GENERAL
HOSPITALS.
(B) "HEALTHCARE PROFESSIONAL" SHALL MEAN A PERSON LICENSED OR CERTI-
FIED PURSUANT TO TITLE EIGHT OF THE EDUCATION LAW.
2. A PERSON SHALL NOT FUNCTION AS AN INFECTION PREVENTIONIST IN A
GENERAL HOSPITAL AND A GENERAL HOSPITAL SHALL NOT EMPLOY OR OTHERWISE
CONTRACT FOR THE SERVICES OF AN INFECTION PREVENTIONIST UNLESS SUCH
PERSON MEETS ONE OF THE FOLLOWING:
(A) (I) HAS SUCCESSFULLY PASSED AN EXAM FROM A NATIONALLY ACCREDITED
INFECTION PREVENTION AND EPIDEMIOLOGY ACCREDITING ORGANIZATION SUCH AS
THE CERTIFICATION BOARD OF INFECTION CONTROL AND EPIDEMIOLOGY, INC.; AND
(II) HOLDS AND MAINTAINS CERTIFICATION IN INFECTION PREVENTION AND
CONTROL (CIC); OR
(B) PROVIDES EVIDENCE THAT SUCH PERSON WAS EMPLOYED OR OTHERWISE
CONTRACTED FOR THE SERVICES AS AN INFECTION PREVENTIONIST IN A GENERAL
HOSPITAL FOR A CUMULATIVE PERIOD OF ONE YEAR, OCCURRING WITHIN FOUR
YEARS IMMEDIATELY PRIOR TO THE EFFECTIVE DATE OF THIS SECTION. IN FURTH-

EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15185-02-8
S. 8185--A 2
ERANCE OF THIS PARAGRAPH, ANY CONTRACTOR OR EMPLOYER OF PERSONS FUNC-
TIONING AS AN INFECTION PREVENTIONIST ON THE EFFECTIVE DATE OF THIS
SECTION SHALL CONFIRM IN WRITING TO EACH EMPLOYEE OR CONTRACTOR HIS OR
HER EMPLOYMENT IN A CAPACITY FUNCTIONING AS AN INFECTION PREVENTIONIST
IN A GENERAL HOSPITAL AS OF THE EFFECTIVE DATE OF THIS SECTION; OR
(C) IS A STUDENT OR INTERN PERFORMING THE FUNCTIONS OF AN INFECTION
PREVENTIONIST IF SUCH STUDENT OR INTERN IS UNDER THE DIRECT SUPERVISION
OF AN APPROPRIATELY LICENSED OR CERTIFIED HEALTHCARE PROFESSIONAL AND IS
FUNCTIONING WITHIN THE SCOPE OF THE STUDENT'S OR INTERN'S TRAINING.
3. AN INFECTION PREVENTIONIST WHO DOES NOT MEET THE REQUIREMENTS OF
PARAGRAPH (B) OF SUBDIVISION TWO OF THIS SECTION SHALL HAVE THIRTY-SIX
MONTHS FROM THE DATE OF HIRE TO OBTAIN THE INFECTION PREVENTIONIST
CREDENTIAL OUTLINED IN PARAGRAPH (A) OF SUBDIVISION TWO OF THIS SECTION.
4. A GENERAL HOSPITAL MAY EMPLOY OR OTHERWISE CONTRACT WITH A PERSON
WHO DOES NOT MEET THE CERTIFICATION REQUIREMENTS REQUIRED ABOVE TO FUNC-
TION AS AN INFECTION PREVENTIONIST IN A GENERAL HOSPITAL IF:
(A) AFTER A DILIGENT AND THOROUGH EFFORT HAS BEEN MADE, IF SUCH GENER-
AL HOSPITAL IS UNABLE TO EMPLOY OR CONTRACT WITH A SUFFICIENT NUMBER OF
QUALIFIED INFECTION PREVENTIONISTS WHO MEET THE REQUIREMENTS OF THIS
SECTION;
(B) SUCH GENERAL HOSPITAL MAKES A WRITTEN RECORD OF ITS EFFORTS AND
RETAINS SUCH RECORD AT THE GENERAL HOSPITAL; AND
(C) THE PERSON OBTAINS A CIC CREDENTIAL AS OUTLINED IN PARAGRAPH (A)
OF SUBDIVISION TWO OF THIS SECTION, WITHIN THREE YEARS OF THE START OF
EMPLOYMENT OR CONTRACTING FOR THE PERFORMANCE OF INFECTION PREVENTION-
ISTS DUTIES.
5. A GENERAL HOSPITAL THAT EMPLOYS OR CONTRACTS WITH AN INFECTION
PREVENTIONIST SHALL, UPON REQUEST OF ANOTHER GENERAL HOSPITAL, OR UPON
REQUEST OF AN INFECTION PREVENTIONIST EMPLOYED BY, FORMERLY EMPLOYED BY
OR CONTRACTED TO PERFORM AS AN INFECTION PREVENTIONIST AT SUCH GENERAL
HOSPITAL, VERIFY THE DATES OF EMPLOYMENT OR CONTRACT OF SUCH PERSON.
6. NOTHING IN THIS SECTION SHALL PROHIBIT ANY HEALTHCARE PROFESSIONAL
FROM PERFORMING AN INFECTION PREVENTIONISTS' TASKS OR FUNCTIONS IF SUCH
PERSON IS ACTING WITHIN THE SCOPE OF HIS OR HER PRACTICE. NOTHING IN
THIS SECTION SHALL MEAN THAT ANY INDIVIDUAL NOT LICENSED PURSUANT TO
TITLE EIGHT OF THE EDUCATION LAW MAY PERFORM TASKS OR FUNCTIONS LIMITED
TO THE SCOPE OF PRACTICE OF A HEALTHCARE PROFESSIONAL UNDER SUCH TITLE.
7. THE COMMISSIONER SHALL PROMULGATE REGULATIONS AS HE OR SHE MAY DEEM
APPROPRIATE TO EFFECTUATE THE PURPOSES OF THIS SECTION.
§ 2. This act shall take effect on the first of January next succeed-
ing the date upon which it shall have become a law.

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